The first question that should come in your mind is “what is trademark registration?” Every company has a unique feature and name. The world is full of companies and brands and to stand out amidst the crowd, your company should have a unique name to it; a name that no other company has. It can be in the form of logo, symbols or name. Trademark registration is the process where the brand protects its brand name from infringement and unwanted use. The method of getting a trademark registered is quite easy in India.
The government procedure in India is not that complicated, and business owners can now easily register their trademark within a couple of months. Given below is the list of documents that different companies require for trademark registration.
Sole proprietorship
Individuals from India or foreign countries can now easily register for a trademark. You do not require any kind of legal or business entity for registering. Given below is the list of documents that an individual or proprietor will need:
- A copy of the logo, it is preferred that the copy should be in black and white. In case you do not provide a logo, the application for a trademark can be filed for the word.
- Signed Form 48. It is a type of authorization that you are giving to the trademark attorney for filling the document on your behalf.
- Identity proof of the proprietor
- Address proof of the proprietor
Small enterprise/Start-up business
The fee for trademark registration for a start-up business or small company can vary anywhere between Rs.4500 and 9500. The lowest cost for trademark registration is Rs.4500 (only for small enterprises) and Rs.9500 for other entities. For your company to be declared as a small enterprise, you will have to provide Udyog Aadhar registration certificate. Apart from this, the following documents are also required:
- Copy of the logo
- Signed Form 48
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Co-signer.
- Address Proof of Co-signer.
- Udyog Aadhar Registration Certificate.
For other applicants:
For companies that do not fall under the categories mentioned above and do not have Udyog Aadhar registration, they will have to submit the following documents:
- Copy of Logo (Optional)
- Signed Form-48.
- Incorporation Certificate or Partnership Deed.
- Identity Proof of Signatory.
- Address Proof of Signatory.
Process for trademark registration
The method of trademark registration is not at all a challenging task. You will just have to follow a few simple steps, and you will be done. Given below are the steps:
- Step 1: Filing Trademark Application- Once you have chosen your brand name or logo, the next step is to register it. File a trademark application form at the Trademark Office. The different offices are at Chennai, Delhi, Kolkata, and Mumbai. You will be able to see your trademark status online after this.
- Step 2: TM Examination- Once the application is filed; an examiner examines it for inconsistencies. This might take around 12-18 months. The examiner can accept your trademark either fully, conditionally or objectively.
- Step 3: TM Publication- Once it is examined, the next step is publication. This can take around 3-4 months.
- Step 4: Registration Certificate- Once the application has been preceded for trademark registration, a certificate will be issued by the Trademark Office.
- Step 5: Trademark Renewal- if you want, you can renew your trademark every ten years. This ensures that your brand name is protected for the long term and not just a short time.
Above was the process for trademark registration and as you can see, it does require a lot of effort. The process is quite simple; you just need the correct documents.